In the media
HIA: New approach to population planning a positive
step
The Housing Industry Association (HIA)
supports the Federal Government's intention to take a new
approach to population planning to underpin Australia's
economic growth and to ensure that our cities and regions are
prepared for the future (04 October 2019).
More...
Lenders should pass on rate cut in full and without
delay
Master Builders Australia's Chief Economist Shane
Garrett welcomes RBA's decision given it has the potential to
boost demand across the economy and reduce financing costs for the
370,000 small businesses in the building and construction sector
(01 October 2019).
More...
HIA: Housing market warms up but home building still
cooling
There may have been positive developments in the broader
housing market since mid-year but both the HIA New Home Sales
Report and ABS building approvals figures show that new home
builders were still feeling the winter chill in August, stated HIA
Senior Economist Geordan Murray (01 October 2019).
More...
Engineers Australia: the public release of the draft
Design and Building Practitioners Bill
Engineers Australia has and continues to support the first
recommendations in both the Shergold-Weir report and the Opal Tower
report that there must be compulsory registration of engineers in
NSW. Engineers Australia calls on the Government to make good on
its promise to introduce compulsory registration of engineers (01
October 2019).
More...
Construction quality problems will not impact housing
demand
Well known quality problems in Australia's
construction market will not impact overall levels of new housing
demand but may cause some shift in demand away from high-rise
apartments towards lower density dwelling stock, a leading housing
industry economist says (30 September 2019).
More...
Construction companies collapsing at record rate as
building slowdown bites
New figures reveal the number of construction companies
going under in NSW hit its highest level in four years last
quarter, as experts raise concerns about "phoenixing"
— where a business is liquidated to avoid paying its debts
(26 September 2019).
More...
Australia's biggest home builders shrink
Australia's biggest home builders have seen
significant declines in revenues and new home starts as the
slowdown in new residential construction continues to bite, the
latest research has found (26 September 2019).
More...
HIA reveals Australia's top homebuilders for
2019
The market share of the Housing 100 builders has increased
to 35 per cent this year from 33 per cent in 2017/18. This is the
highest market share since 2013/14 and is consistent with previous
trends where volume home builders gained market share in a
contracting market (25 September 2019).
More...
Shergold and Weir report prompts NCC changes to
aluminium composite panel labelling
Builders and specifiers may need to check the labels on
aluminium composite panels (ACPs) being supplied
for building projects because of a proposed out-of-cycle amendment
to the 2019 National Construction Code (NCC). The
amendment would require all ACPs to be labelled in accordance with
recently-finalised Australian Technical Specification SA TS 5344.
(25 September 2019).
More...
Have your say on Design and Building Practitioners
Bill
This draft Bill introduces a range of reforms to improve
areas of the building sector. It seeks to improve the quality and
compliance of design documentation and to strengthen accountability
across the design, building and construction sector (03 October
2019).
More...
Building reforms drive renewed confidence
Minister for Better Regulation Kevin Anderson said the
fundamental objective of these reforms is to improve the
transparency, accountability and quality of work within the sector
by ensuring homes are designed and built in accordance with the
Building Code of Australia (02 October 2019).
More...
Building reform surges ahead with new certifiers
regulation
The NSW Government is continuing to deliver on its
commitment to reforming the building and construction industry,
with the release of the draft Building and Development
Certifiers Regulation 2019. The regulation is aimed at
simplifying and strengthening the certification system in New South
Wales and will allow the Government to more effectively register
and regulate the conduct of certifiers (30 September 2019).
More...
Sweeping building sector reforms... under the
carpet
On Friday 27 September, Engineers Australia—along
with a wide range of industry stakeholders—saw the detail of
the NSW Government's proposed reform for the state's
building sector. The NSW Government's proposed plan only
applies registration to an engineer who performs a 'compliance
declaration' for a Class 2 apartment buildings (30 September
2019).
More...
'Lost forever': Developer fined for damage to
heritage-listed building
The company pleaded guilty to ripping up the 131-year-old
Sydney building's 'rare and outstanding' decorative
plaster features and original ceilings (26 September 2019).
More...
A deliberate strategy': Mascot Towers residents
accused of 'forcing' Government to pay for repairs
The Government says the rejection by residents of a $10
million special levy loan was a "deliberate strategy" to
force the state to pay for work to fix the beleaguered complex (25
September 2019).
More...
Unlicensed builder convicted and fined $70,000 following
NSW Fair Trading prosecution
On 12 September 2019, the Parramatta Local Court convicted
Mr Anthony Lee Francis and fined him a total of $70,000 for seven
offences against the Home Building Act and two against the
Australian Consumer Law. The result comes after NSW Fair Trading
commenced prosecution against Mr Francis late last year (23
September 2019).
More...
In practice and courts
BDAV Alert: Building and Construction Industry Warned:
Beware of Non-Conforming Soffit Insulation
Building practitioners and contractors are reminded to be
on the alert for non-conforming soffit insulation as some importers
and merchants try to liquidate obsolete stock (03 October 2019). More...
ABCB: NCC 2019 will be amended out-of-cycle
The ABCB is undertaking an out-of-cycle amendment for the
2019 edition of the National Construction Code. It will be known as
NCC 2019 Amendment 1. The amendment is intended to introduce
enhanced fire safety measures for early childhood centres in
high-rise buildings and address recommendations identified in the
Shergold Weir Building Confidence Report. Consultation closes on 10
October 2019 (23 September 2019).
More...
AIBS Member Statement – Professional Indemnity
Insurance update 27 September 2019
Professional Indemnity Insurance Update – This
statement is to update members and provide information on the work
being undertaken by AIBS relating to the current Professional
Indemnity Insurance crisis faced by the building surveying
profession.
More...
Cladding guideline
In early 2018, the Building Ministers Forum asked
Standards Australia to develop the system. Standards Australia has
developed a permanent labelling system of aluminium composite panel
products to support the identification of these products throughout
their life-cycle.
More...
NSW Fair Trading
The Building Professionals Board's website has
permanently closed as of 2 October and visitors will be redirected
to the
NSW Fair Trading website. You're encouraged to visit the
certifier section of the NSW Fair Trading website and update any
weblinks and bookmarks. The website closure is part of the
Board's integration into NSW Fair Trading.
Draft Regulations for Building Certifiers
The NSW Government is seeking feedback on a draft
regulation for building and development certifiers. The proposed
Building and Development Certifiers Regulation 2019 is
open for comment until 28 October 2019. A new Building and
Development Certifiers Regulation 2019 must be introduced in
order to bring the Building and Development Certifiers Act
2018 into force.
More...
Draft Legislation for Design and Building
Practitioners
The NSW Government is seeking feedback on new draft
legislation governing the design, building and construction
sectors. The Design and Building Practitioners Bill 2019 has been
released as part of the government's response to
recommendations in the
Building Confidence Report (by Professor Peter Shergold and
Bronwyn Weir). A regulation will be developed in 2020 to support
the bill. Submissions close 16 October 2019.
More...
Note: The reforms in the act and the supporting regulation will
apply to certain categories of designs and to multi-unit and
multi-storey residential apartment buildings (as set out in the
regulation).
NSW Fair Trading: Security of Payment laws start
soon
The Building
and Construction Industry Security of Payment Amendment Act
2018 (the Amendment Act) and the Building
and Construction Industry Security of Payment Amendment Regulation
2019 (the amending Regulation) will commence on 21 October
2019.
More...
NSW Fair Trading: Part 6 of the
EP&A Act postponed until 1
December 2019
The Part 6 provisions of the Environmental Planning
and Assessment Act have been postponed and will now start on 1
December 2019. This delay will allow time for the sector to adjust
to the regulatory changes that have been progressing around fire
safety and the Building and Development Certifiers Act
2018.
More...
Planning Circular – Commencement of Part 6
(building and subdivision certification provisions)
FAQ – Occupation certificate
FAQ – New mandatory compliance powers for private principal
certifiers
FAQ – New subdivision works certificate
Environmental Planning and Assessment Act 1979
Environmental Planning and Assessment Regulation 2000
If you have any queries, please contact the Department of Planning,
Industry and Environment via legislativeupdates@planning.nsw.gov.au.
More...
Cases
RSK Construction Pty Ltd v Caruana
[2019] NSWCATAP 246
APPEAL – procedural fairness, damages or
rectification, leave to appeal, no issue of principle
Commandeur v Building Professionals Board
[2019] NSWCATOD 152
ADMINISTRATIVE REVIEW – accredited certifier
– findings of unsatisfactory professional conduct –
disciplinary orders
Ashton v
Stevenson;Stevenson v
Ashton (No 2) [2019] NSWCATAP 238
In AP 18/31090 – (1) The respondent pay the
appellant's legal costs on the ordinary basis, as agreed or
assessed. In AP 18/32837: (1) The appellant pay the
respondent's legal costs on the ordinary basis, as agreed or
assessed.
COSTS – Usual order for costs – Indemnity costs
Civil and Administrative Rules 2014; Civil and
Administrative Tribunal Act 2013
On 28 June 2018 the Tribunal determined a Home Building Application
HB 16/50587, after a hearing over three days (the first instance
decision), concerning defects in the construction of alterations
and additions to an existing terrace house in Darlinghurst (the
Property).
Vella v Mir (No 2) [2019] NSWCATAP 240
Brownlow Hill Building Services Pty Ltd t/as Cathayne
Constructions is to pay Sidney and Marie Mir the sum of $4,372.50
within 14 days of the date of these orders.
APPEAL – Home Building – Definition of major defect
– s 18F defence – Method of rectification of
defect
Civil and Administrative Tribunal Act 2013; Civil and
Administrative Tribunal Rules 2014
Home Building Act 1989; Home Building Regulation 2013
Elias v McGauley [2019] NSWCATAP 237
APPEALS – Civil procedure – Extension of
time for appeal – Service of documents on corporation –
procedural fairness – APPEALS – Building and
Construction – Rectification of defective building work
– Damages – Sale of property without rectification
– Effect on assessment of damages
Legislation
Consultation or Exposure Bills – 01 October
2019
Design and Building Practitioners Bill 2019
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.